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Consumer Affairs

Deadline For Chinese Drywall Claims Looms

Private class action claims due before December 2


November 24, 2009
Residents of Florida and the Gulf Coast, whose homes were repaired after hurricanes with allegedly defective Chinese drywall, are running out of time to file claims against the manufacturer.

Knauf Plasterboard Co. Ltd. is one of several Chinese drywall manufacturers accused in a private class action lawsuit pending in federal court in Louisiana, of importing defective drywall into the United States during the recent housing boom and the aftermath of hurricanes in 2004 and 2005.

The company has agreed to accept service of a single lawsuit that will be filed on December 9, 2009 in the Louisiana federal court. However, under the court's order, homeowners with homes containing the allegedly defective Knauf drywall who wish to be included in the lawsuit must submit claims to the lead counsel in the lawsuit on or before December 2, 2009.

Florida Attorney General Bill McCollum said his office is not a party to the suit, but he urged affected homeowners considering whether they should submit a form and participate in the action to consult with a private attorney regarding any legal questions. McCollum said he cannot offer legal advice as to whether a homeowner should join the legal proceeding.

Affected consumers who wish to be included as plaintiffs in this litigation against Knauf must submit a completed transmittal chart and proof that their properties contain Knauf-manufactured drywall. McCollum said the information must be received by Plaintiffs' Lead Counsel by December 2, 2009.

McCollum listed the plaintiffs' Lead Counsel as Arnold Levin of Levin, Fishbein, Sedran & Berman of Philadelphia, Pennsylvania. He said claims may be submitted by e-mail at the following e-mail address: alevin@lfsblaw.com. They may also be faxed to the attention of Arnold Levin, Esq. at 215-592-4663.

Acceptable forms of proof include photographs of the drywall found in the consumer's home, with any labeling clearly shown.

The defective drywall allegedly emits unpleasant and potentially harmful sulfur gasses that not only corrode metal found throughout homes, in air conditioners and household appliances, but may adversely affect residents' health.

Florida has an estimated 35,000 homes that may contain Chinese drywall, including Knauf Chinese drywall. The number of homes affected in Florida constitute approximately 30 percent of the homes in the United States containing the allegedly defective product, McCollum said.

The Chinese drywall is believed to have been used primarily in homes built or remodeled between 2004 and 2008.



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